In July, the Attorney-General dropped all criminal cases against former Finance Minister and owner of defunct uniBank, Dr. Kwabena Duffour.
Dr Duffour, along with others, were previously facing charges related to the collapse of Unibank Ghana during the 2018 financial sector clean-up led by the Bank of Ghana.
Unibank was one of several indigenous banks that lost their licenses in 2018 due to alleged insolvency, mismanagement, and regulatory violations. The state had accused Dr. Duffuor and other officials of causing significant financial losses through improper lending practices and misreporting of the bank’s financial health.
Why Was the Case Dropped?
According to the Deputy Attorney-General, the charges were withdrawn because the accused parties (including Dr. Duffuor) voluntarily returned over 60% of the funds the State claimed were lost. The Government saw this as a significant recovery of public money.
Rather than continue with a lengthy and possibly uncertain court process, the Attorney-General’s Office used a legal tool known as “nolle prosequi” to discontinue the case.
What Is Nolle Prosequi?
Nolle prosequi is a Latin term that means “we shall no longer prosecute”. It’s a legal declaration that the state is choosing to stop pursuing a criminal case either temporarily or permanently.
In Ghana, Article 88 of the 1992 Constitution gives the Attorney-General (the AG) this exclusive power. The AG can enter a nolle prosequi at any stage of a criminal trial before judgment, and they don’t need permission from the courts to do so.
When Can a Nolle Prosequi Be Used?
The Attorney-General can decide to withdraw a criminal case if:
- Public funds have been recovered: If a significant portion of stolen or misused money is returned, the AG may decide further prosecution isn’t necessary.
- There is weak evidence: If new findings reveal the case isn’t strong enough to secure a conviction, the AG may halt proceedings.
- Public interest or national security is at stake: If continuing the case would cause more harm than good (e.g., to the economy or diplomatic relations), the AG may step back.
In Dr. Duffuor’s case, the financial recovery crossed the threshold the Attorney-General’s Office set, making prosecution no longer essential in their view.
What Does This Mean Going Forward?
This move shows a shift in how Ghana handles white-collar crimes like financial mismanagement. It suggests that, in some cases, recovering the money quickly is seen as more important than long, drawn-out trials that may take years to conclude.
While this approach helps bring back funds that can be used for public services and reduces the burden on the courts, it also raises questions about deterrence and accountability. Critics may argue that it allows wealthy or powerful individuals to avoid punishment if they can repay part of the money.
Final Thoughts:
The end of this case is not just about one person, it’s a signal to businesses, banks, and executives that Ghana’s legal system is increasingly focused on recovering public funds rather than only seeking punishment. However, it also challenges the balance between justice and practicality, especially in high-profile financial matters.
